Randy E. West v. Carl Zenon, Superintendent, Oregon State Correctional Institution

5 F.3d 544 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Randy E. WEST, Petitioner-Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent-Appellant. No. 92-35341. United States Court of Appeals, Ninth Circuit. Submitted March 1, 1993. * Decided Sept. 15, 1993. Before: TANG, POOLE and RYMER, Circuit Judges. 1 MEMORANDUM ** 2 Randy E. West, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his conviction for first degree murder. We affirm. 3 * West contends that he was denied due process by the prosecution's failure to preserve an axe handle that West contends was used by the victim to threaten him. If the axe handle had been preserved, West argues, it could have been tested for the victim's fingerprints and thus would have supported his defense that he killed the victim in self-defense. This contention fails. 4 The due process clause is violated by the…